Restrict Of Antitrust Law On Executing Intellectual Property Rights

In the era of Knowledge Economy, more and more importance has been attached to intellectualproperty as a private right. Marked with TRIPS of WTO, it has been a common choice to protectthe intellectual property firmly in the world. But none of the private rights can and should beabsolute. As a civil right, the exercise of intellectual property should also be specified in theantitrust law. How to control the restriction of competition in the licensing of intellectualproperty has long been concerned in the national law and international economic law.As a country of technology import, China has been a member of WTO and will execute TRIPSthoroughly. It has been a facing problem to protect national advantage in the licensing ofintellectual property especially technology transfer. There is no choice but to enact the antitrustlaw. Based on a survey on the monopoly of intellectual property, this paper analyses therelationship between intellectual property law and antitrust law.Executing intellectual property rights does not necessarily form monopolization, but theexclusive rights of intellectual property rights are due to turn the execution of intellectualproperty rights into monopolization, meanwhile, there're some concrete subjective outsideconditions which push or block this turning to take place. Thus, when consider if an execution ofintellectual property rights is monopolization, we have to consider the characters of the rightsitself and the concrete effects of outside conditions have on it.After comparing the different modes of America, EC and Japan to regulate the intellectualproperty license under the antitrust law, this paper analyses the legislation of these countries andareas in order to perfect the relative legislation in our country.